What Is a Plea Bargain, and Should I Take One?

A plea bargain is a form of “settlement” in a criminal case. In some instances, the state prosecutor will offer the accused individual – or the “defendant” – a deal. While some defendants benefit from plea bargains, others may incur risk or suffer harm by accepting one.

The experienced attorneys at Cohen Law Offices can explain the pros and cons of accepting a plea deal in your particular case and help you decide what you should do. Whatever you decide, we will be by your side, advocating for you every step of the way, including negotiating with prosecutors, representing you at all courtroom hearings, and protecting your legal rights throughout your criminal case. 

What Is a Plea Bargain?

Some prosecutors offer defendants plea bargains when they are not confident in their ability to obtain a conviction for the charged offense. At other times, a prosecutor might put a plea deal on the table when they want to avoid a trial.

As part of a plea deal, the defendant usually enters a guilty plea in exchange for a charge reduction by the prosecutor. For example, in exchange for pleading guilty, the prosecutor might reduce a DUI charge to a lesser offense, such as reckless driving. Alternatively, the prosecutor might offer a term of probation in exchange for a guilty plea. In that instance, if the defendant successfully completes all of their probation terms, the court will not enter a conviction in the case. Thereafter, the defendant can truthfully state that they do not have any criminal convictions on their record.

In cases where there is considerable evidence against the defendant, the defendant may be better off accepting a plea deal. That way, they avoid the uncertainty of a bench trial or jury trial. However, if the defendant has a solid legal defense to the criminal charge, they might be better off taking their case to trial and pursuing a not-guilty verdict.

What Rights Do I Waive by Accepting a Plea Deal?

By accepting a plea deal and entering a guilty plea, a defendant waives their right to a trial by jury. They also waive their right to an appeal.

Before a court accepts the plea deal, the defendant must state – on the record – that they are entering into the plea deal freely and voluntarily.

Contact a Knowledgeable Criminal Defense Lawyer About Your Legal Matter Today

 When it comes to making a decision about a plea deal, our legal team is on your side. In some instances, we can negotiate with the state prosecutor on your behalf and work to obtain a better deal than what the prosecutor initially offers. We can also help you decide whether to accept or reject the final deal.

For a free case evaluation and consultation with a knowledgeable criminal defense attorney, please call Cohen Law Offices today at (715) 514-5051 or contact us online.